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GOVERNOR OF EKITI STATE & ORS. V. HON. KOLA FAKIYESI & ANOR.

(2009) JELR 47432 (CA)

Court of Appeal  •  CA/IL/72/2007  •  22 May 2009  •  Nigeria

Coram
JUMMAI HANNATU SANKEY JCA; IGNATIUS IGWE AGUBE JCA; CHIMA CENTUS NWEZE JCA;

Judgement

IGNATIUS IGWE AGUBE, J.C.A.(Delivering the Leading Judgment): This appeal has opened once more the Pandora's box of the concept of locus standi in Nigerian jurisprudence which concept has polarised the Supreme Court and its subordinates as well as legal practitioners and pundits particularly in the areas of public interest litigation and the limitations on individuals/class of citizens who are intent on protecting the Constitution from violation vis-a-vis the hermeneutics of Section 6(6)(b) thereof which vests the courts with the adjudicatory powers on matters between persons, or between government or authority and to any person in Nigeria, and to all actions and proceedings relating thereto for the determination of any question as to the civil rights and obligations of that person.

The facts relevant to this case are that the Plaintiffs/Respondents are both members of the Action Congress one of the registered and recognised political parties in this country. The 2nd Plaintiff/Respond…

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